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(영문) 창원지방법원 2018.09.19 2018고정304
국민체육진흥법위반(도박등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No person shall gambling using any act of offering property or property benefits to persons who win the result of sports promotion by issuing voting rights or things similar thereto to the Korea Sports Promotion Foundation or a person who is not an entrusted business entity.

However, on November 15, 2014, at the Defendant’s house located in the window C, 102 Dong 1101, the Defendant visited D, an Internet private sports soil site using a mobile phone, and deposited KRW 1,00,000 from the Defendant’s agricultural bank account under the name of the Defendant (number E) to the national bank account (number G) in the name of the F that the said site operator designated as the gambling fund deposit account, and charged the corresponding game money at the site, and received dividends in the amount equal to the dividend rate, and deposited the same in the sports games such as the domestic and foreign axis, and deposited the same KRW 40,000 through 40,000,000 from 20 to 40,000,000 from 40,000 and 40,000,000,000 won by means of sports betting in the form of losing the betting money.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (related to attaching evidentiary materials on the D gambling site);

1. Application of Acts and subordinate statutes to investigative reports (Attachment to judgments by the opener of a gambling site);

1. Article 48 of the relevant Act concerning the facts constituting a crime and subparagraph 3 of Article 48 of the National Sports Promotion Act that selects a punishment, and Article 26 (1) of the same Act (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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